DENVER (KDVR) — A judge on Friday rejected a challenge to the Colorado property tax relief plan set to go before voters this fall.

Proposition HH would lower property tax rates for the next 10 years and backfill local government revenues with surplus tax money — funds normally refunded to Coloradans under the Taxpayer Bill of Rights.

Conservative group Advance Colorado and 12 counties sued over the effort. They argued the measure addresses too many topics, in violation of the Colorado Constitution, which requires a single subject and clear title for ballot measures.

Judge David H. Goldberg disagreed. He issued a ruling Friday without setting the case for a hearing.

The Denver District Court judge ruled Prop HH does not violate the constitutional clear title requirements. He said understanding the title does not “require any sort of superior intellect or rhetoric to divine the nature of the proposition.”

Advance Colorado plans to appeal.

Fenberg, Advance Colorado release statements

Meanwhile, Senate President Steve Fenberg praised the ruling. Here’s his full statement:

Proposition HH is a transformative proposal that will save taxpayers more than a billion dollars each year by delivering immediate and long-term property tax reductions for Colorado families, and I am pleased that the Court today agrees that voters should have their say. It’s remarkable that a right-wing fringe group was hellbent on preventing Coloradans from lowering their property taxes in the first place. We will not stop fighting to deliver real relief for seniors, families, and businesses while responsibly protecting critical funding for services like schools, libraries, and fire departments our communities rely on.

Colorado Senate President Steve Fenberg

Here is the full statement from Advance Colorado:

Prop HH undoubtedly violates the single-subject and clear-title provisions in our constitution,” reads a statement from Advance Colorado. “We plan to appeal this decision. If Prop HH passes, Coloradans will still experience the largest tax hike in state history – and would also lose $10 billion in TABOR refunds over the next 10 years. Coloradans need real property tax relief – and we renew our call for the Governor to call a special session to immediately address this problem.

Advance Colorado

Prop HH: What would it do for property taxes in Colorado?

Proposition HH aims to lower property tax rates for the next 10 years. To cover resulting revenue losses for local governments, it would also allow the state to use surplus money that would otherwise be refunded because of TABOR.

The Taxpayer Bill of Rights caps how much revenue the government can take in and refunds the surplus to Colorado taxpayers. If the property tax relief measure is approved, Proposition HH would kick a separate bill into gear: TABOR refund amounts would be flattened across the board, with each taxpayer to get a $661 check next year.

Property taxpayers in Colorado are facing double-digit increases in their home valuations — and rising property taxes because of that. Colorado Democrats rushed the property tax measure in the waning days of the legislative session, causing contention with Republicans who opposed it.

Source: Rocky Mountain News

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